How Do I Get Advice From the FPPC? - Fair Political Practices ...

How Do I Get Advice
From the FPPC?
A Basic Overview
of Telephone and Written
Advice Services
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814
Toll-free advice line: 1 (866) ASK-FPPC
Web site: www.fppc.ca.gov

Fair
Political
Practices
Commission
How Do I Get Advice
From the FPPC?
“I’m running for city council.
What campaign reports do I need to file?”
“My home is near the proposed park. Can I vote on the
issue at next month’s planning commission meeting?”
“I was just appointed to a government commission. Do I
need to disclose my personal financial interests?”
Many of you in the public and political arenas may
have faced similar questions. But where can you turn for
advice?
The Fair Political Practices Commission administers
and enforces the Political Reform Act – the state law governing
campaign finances, lobbying, conflicts of interest,
gift limits, and post-government employment restrictions.
If you have a specific question about how the Political
Reform Act applies to you, you should consult the Act,
FPPC regulations and your legal counsel – and you can
ask the FPPC for telephone or written advice. We answer
thousands of calls for telephone advice monthly, issue
hundreds of advice letters each year and host educational
seminars around the state.
The Act is found in California Government Code sections
81000-91014. FPPC regulations are contained in
Title 2, Division 6 of the California Code of Regulations.
FPPC 1 (Revised 8/03)

FPPC
Toll-free
Advice
Line:
1-866-ASK-FPPC
(1-866-275-3772)
The FPPC web site, www.fppc.ca.gov, offers the Act and
regulations as well as fact sheets, forms, meeting agendas,
schedules of upcoming seminars and other helpful
documents and publications. FPPC staff members conduct
training seminars throughout the state on such topics
as campaign treasurer duties and conflicts of interest.
The FPPC also offers a toll-free help number for those
with obligations under the Political Reform Act – 1-866-
ASK-FPPC (1-866-275-3772).
Generally, telephone advice is more appropriate for
routine inquiries, while written advice or formal Commission
opinions are more suitable for complex inquiries and
issues under the Political Reform Act. Seminars are intended
to provide a general introduction and overview of
your obligations, such as tips on how to fill out campaign
disclosure forms.
FPPC 2 (Revised 8/03)

Who can ask for advice?
A public official, designated employee, candidate, lobbyist
or other person who has duties or obligations under
the Act (or his or her authorized representative) can ask
the FPPC for telephone or written advice. Examples of
authorized representatives include city attorneys, campaign
treasurers, lawyers, and agency counsels.
Examples of the types of questions frequently received
by the FPPC include:
“Can I vote on the mall expansion plan at next
month’s meeting?”
“How do I report this contribution?”
“What sender identification should I put on my campaign
mailer?”
No third-party advice
If you are calling or writing to ask about someone
else’s actions, and you are not authorized to represent
that person, the FPPC’s Technical Assistance Division
and Legal Division cannot give you advice about the requirements
of the Act. For example, we would not be able
to provide advice if your fellow planning commissioner
voted for a project and you suspect he or she may have
had a conflict of interest.
If you think someone may have violated a provision of
the Act, you may file a complaint with the Enforcement
Division. The toll-free FPPC enforcement hot-line number
is 1-800-561-1861. See the FPPC fact sheet on filing a
complaint and the FPPC brochure, “What Happens After I
File A Complaint With The FPPC?” Both are available on
FPPC 3 (Revised 8/03)

the web site, www.fppc.ca.gov, or by calling toll-free 1-
866-ASK-FPPC.
More details
about FPPC telephone advice
As far in advance of the
action as possible, call the
FPPC’s toll-free help line (1-866-
ASK-FPPC) and speak with one
of the consultants in the Technical
Assistance Division.
Consultants are available Monday
through Friday (except holidays)
from 9:00 a.m. until noon
and 1:30-4:30 p.m. During exceptionally
busy periods, you
may have to hold for an available consultant, or you can
leave a message and a consultant will call you back. If
you call after regular business hours, you can leave your
name, telephone number and the nature of your call, and
a consultant will contact you the next business day.
When will I get an answer? Most calls for telephone
advice are answered on the same day. If you are calling
during an exceptionally busy period — such as before a
statement filing deadline or an election — or if the consultant
needs to conduct research, a response to your call
may take longer. If your question is factually complicated
or presents a novel issue we have not advised on before,
the consultant may not be able to give telephone advice
and may ask you to request written advice instead.
Does telephone advice provide immunity? No.
Telephone advice can provide you with valuable guidance
and answers to routinely asked questions under the Act.
But telephone advice does not provide the caller with im-
FPPC 4 (Revised 8/03)

munity from prosecution under the Act. Only formal written
advice confers limited statutory immunity on the requestor
(California Government Code section 83114).
Does the Commission provide written confirmation
of telephone advice? No. You have the choice of
requesting telephone or written advice. If you choose telephone
advice, the Commission will not provide written
confirmation.
May the FPPC decline to provide advice? If a question
concerns past conduct, is purely hypothetical, is not
related to the Act, presents vague facts, is too complex, is
third party, or if the requestor is asking for anonymous advice,
the Commission may decline to provide telephone or
informal written assistance. Or we may limit our assistance
to a general explanation of the requirements of the
Act (Reg. 18329(c)(4)).
If the question concerns an individual’s disclosure
category or filing obligations under an agency’s conflict of
interest code, the individual must first request a determi-
Call as far in
advance of the action
as possible — not
after the fact!
FPPC 5 (Revised 8/03)

nation from his or her agency and/or the agency’s code
reviewing body (Reg. 18329.5). (This process is outlined
beginning on page 11 of this brochure.)
More details about FPPC written advice
If you have a more complicated or non-routine question,
or are seeking limited immunity, you may want to request
written advice from the FPPC. To request written
advice, write a letter to:
General Counsel
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814
Your letter should include the following information:
Your name, title or position, mailing address, and
daytime telephone number. If you are requesting
advice on behalf of someone other than yourself, the
letter must specifically state that you are authorized to
represent that person.
The question. Clearly state the question(s) you want
answered.
The facts. Provide all of the material facts and information
related to your question in a clear and concise
manner. Summarize relevant parts of attachments
and enclosures in the request.
Some frequently asked questions about written advice
include:
What is the difference between “formal” and
“informal” written advice?
“Formal” written advice letters from the FPPC apply
provisions of the Political Reform Act to very specific fac-
FPPC 6 (Revised 8/03)

tual situations involving particular public officials.
“Informal” written advice letters provide answers to general
questions about the Act. Requests for written advice
that seek general guidance and do not provide specific
facts are treated as requests for informal written assistance.
Formal written advice confers limited immunity on
the requestor; informal written advice does not. Formal
written advice is noted by the file prefix “A” in the FPPC
file number of the letter, and informal written advice is
noted by the prefix “I.”
When will I get an answer?
The Act directs the Commission to respond to a request
for “formal” written advice within 21 business days
of receipt. If a staff member needs to contact you to get
more facts to prepare the reply, or if your request poses a
particularly complex legal question, the 21-day period
may be extended. The 21-day deadline does not apply to
“informal” written advice.
What happens to a request for written advice once
the FPPC receives it?
Upon receiving your request, the Commission sends
you a written acknowledgment that provides the name of
the staff person who will prepare the response. Commis-
FPPC 7 (Revised 8/03)

sion staff may contact you to request additional facts or
information needed to answer your request. Outgoing advice
letters are reviewed and approved by a senior staff
counsel, the General Counsel, or both.
Once issued, are advice letters made public?
Yes. The Commission publishes advice letter summaries
in its Bulletin newsletter. We send copies of the advice
letters to the Attorney General, Secretary of State,
the Franchise Tax Board and private parties who have
paid subscriptions. The advice letters are published on
Westlaw and Lexis and are made available to interested
parties on request.
Does written advice provide immunity?
Formal written advice based upon accurate and complete
facts provides immunity to the requestor from any
enforcement action initiated by the Commission and is
evidence of good faith in any other proceeding if the requestor
relies upon the advice in good faith (section
83114(b)). Formal written advice is not a declaration of
policy by the Commission. It is the application of law to a
particular set of facts. Though the advice may provide
guidance to others, the immunity provided by formal written
advice is limited to the requestor under the specific
facts described in the letter. As discussed above, telephone
advice and informal written advice do not confer
immunity on the requestor.
May a requestor ask for reconsideration of written advice?
Yes. The request for reconsideration should be made
to the General Counsel. If the requestor wishes the commissioners
to consider the matter, he or she should so
state and the letter may be placed on the Commission’s
agenda for consideration.
May the Commission decline to provide advice?
The Commission may decline to provide formal written
FPPC 8 (Revised 8/03)

advice if the requestor does not provide all of the material
facts. The Commission may also decline to provide formal
written advice if the request relates to past conduct, does
not relate to the Act, is purely hypothetical, or presents
issues requiring a policy interpretation best made through
a Commission opinion or adoption of a regulation (Reg.
18329(b)(8)).
In certain situations involving advice regarding an individual’s
disclosure category or filing obligations under an
agency’s conflict of interest code, the individual must first
request a determination from his or her agency and/or the
agency’s code reviewing body (Reg. 18329.5). (This process
is outlined beginning on page 11 of this brochure.)
Tips for advice-seekers:
Ask for advice before you
act. FPPC staff members can
provide you with telephone or
written advice about future
conduct only, not about actions
already taken. Similarly, staff
members do not provide advice
about matters in litigation
or about which a complaint has
been filed with the FPPC.
Call or write as early as possible
in advance of your
deadline. Our staff members
make every effort to respond
within your time frame. But some questions may raise
complex issues that require research, so try to call or
write as early as possible prior to the action in question.
Describe the facts fully. To receive the most accurate
advice possible, identify yourself and the official
FPPC 9 (Revised 8/03)

FPPC On Line
www.fppc.ca.gov
The FPPC has expanded and upgraded its web
site. The emphasis is not on flashy graphics but on
providing users with the most complete, up-to-date
information possible.
The site includes, among other things:
• E-mail subscription lists for FPPC publications,
Interested Persons materials, and agendas
• Fact sheets outlining the rules concerning: campaign
disclosure, lobbyists, conflicts of interest,
and gift limitations
• Downloadable forms and publications
• The Political Reform Act
• FPPC regulations, including newly adopted rules
• Meeting agendas and summaries
• Current and past issues of the FPPC Bulletin
• Summaries of enforcement decisions
FPPC 10 (Revised 8/03)

or entities involved, state a clear question, and provide
as many facts as possible. Examples include:
♦ For campaign reporting questions, identify the
candidate, committee name and type, and describe
your activity in detail.
♦ For questions relating to conflicts of interest,
identify the public official involved, the governmental
decision the official is making, and the
official’s economic interests (property, income,
or gifts) that may cause a conflict of interest.
We can’t provide advice on hypothetical situations.
Ask for advice about a real transaction you plan
to undertake or a specific decision coming before you.
FPPC staff members cannot provide advice about
speculative “what-if” scenarios.
Check previous FPPC advice letters. We may have
already answered a question similar to yours in a previous
advice letter. The Commission’s advice letters
are available through the legal research services
Westlaw and Lexis.
Advice involving agency
conflict of interest codes
If you need advice about your filing obligations under
your agency’s conflict of interest code, you must
first request a determination from your agency and your
agency’s code reviewing body (if different than the
FPPC), before you request assistance from the FPPC
(Reg. 18329.5(a)(3)(A)). Examples could include questions
about whether your employment position should be
included under your agency’s code, or the extent to which
you are required to disclose your financial interests.
FPPC 11 (Revised 8/03)

Likewise, an agency with questions about its conflict of
interest code must first request a determination from its
code reviewing body before contacting the FPPC, if that
code reviewing body is not the FPPC (Reg. 18329.5(a)(3)
(B)). If you would like more information about this process or
how to determine who is your code reviewing body, you may
contact the FPPC’s Technical Assistance Division at our tollfree
number.
Once you have sought a determination from your agency
and code reviewing body, and if you still have questions or
need assistance, you may contact the FPPC for advice. You
may be asked by FPPC staff to provide certain information,
including a copy of all pertinent agency determinations regarding
your disclosure obligations, a copy of your duty
statement and employment contract, a copy of the conflict of
interest code at issue, and any other pertinent information.
The process outlined above does not prohibit the
FPPC from providing you with technical assistance on complying
with your reporting requirements under your agency’s
current conflict of interest code.
Also, the process outlined above does not prohibit the
FPPC from, at any time, providing advice on whether an individual
is considered a “public official who manages public
investments” under the Political Reform Act (Reg. 18329.5
(c); California Government Code section 87200).
Please note that if you are potentially subject to a conflict of
interest code, you may petition your agency to amend its
code. You may appeal a denied petition to your agency’s
code reviewing body, and you may also seek judicial review
of any action taken by the code reviewing body (California
Government Code sections 87307 and 87308).
Commission Opinions
The Commission, following a process outlined in its
regulations, may issue formal opinions. Such opinions typically
involve matters of significant public interest and sub-
FPPC 12 (Revised 8/03)

stantial questions of interpretation of the Political Reform
Act.
The procedure for requesting and issuing formal opinions
is detailed in FPPC Regulations 18320-18326.
Requesting an opinion
Requests for formal opinions may be submitted to the
Commission by any person whose duties under the Act are
in question, or that person’s authorized representative.
The procedure for requesting a formal opinion, and the
Commission’s procedure for granting or denying such requests,
is outlined in Regulation 18320.
To request a formal opinion, write a letter to:
Executive Director
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814
Try to state the question and all relevant facts as concisely
as possible. The executive director determines
whether to grant or deny opinion requests. A denial can be
appealed by the person requesting the opinion.
Requests for opinions received by the FPPC are public
records and are open to public inspection.
Public hearings held
When the Commission has agreed to issue an opinion, a
public hearing is held. The opinion requestor, interested
persons and members of the public are given an opportunity
to provide both written and oral input before the opinion is
adopted.
The Commission adopts formal opinions at a public
meeting. Before the meeting, a draft of the opinion is provided
to members of the Commission, the person requesting
FPPC 13 (Revised 8/03)

the opinion, the state Attorney General, the Franchise
Tax Board, the Secretary of State and other interested
persons, and is made available to the public.
Opinions published
Opinions adopted by the Commission, along with any
dissenting or concurring opinions by commissioners, are
public and are published on Westlaw and Lexis.
May the person requesting the opinion ask for a rehearing?
Yes. Within 14 days after the adoption of a formal
opinion by the Commission, the person who submitted
the opinion request, a commissioner or the executive director
may petition the Commission to grant a rehearing.
The purposes of California’s Political Reform Act
are described in the initiative’s preamble,
including:
“Receipts and expenditures in election campaigns
should be fully and truthfully disclosed in order that
the voters may be fully informed and improper practices
may be inhibited.”
“The activities of lobbyists should be regulated and
their finances disclosed in order that improper influences
will not be directed at public
officials.”
“Assets and income of public officials which may be
materially affected by their official actions should be
disclosed and in appropriate
circumstances the officials should be disqualified
from acting in order that conflicts of interest may be
avoided.”
FPPC 14 (Revised 8/03)

How To Contact Us:
By mail:
Fair Political Practices
Commission
428 J Street, Suite 620
Sacramento, CA 95814
Internet:
www.fppc.ca.gov
By telephone:
Toll-free advice line:
1-866-ASK-FPPC
(1-866-275-3772)
Regular line: 1-916-322-5660
Enforcement hot line:
1-800-561-1861
California
Fair Political Practices Commission